Supreme Court of India
State of Rajasthan and Anr. v. Mohammed Ayub Naz
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What the Court ordered
For the foregoing reasons, we are of the opinion that a Government H 148 SUPREME COLiRT REPORTS [2006] I S.C.R. A servant who has wilfully been absent for a period of about 3 years and which fact is not disputed even by the learned Single Judge of the High Court has no right to receive the monetary/retrial benefits during the period of question.
Judgment, page 10
From the headnote
Service law: c Rajasthan Service Rules-Rule 86 (3)--Government servant--long absence from duty-Without intimation to Government-Disciplinary proceeding-Attended by delinquent-Termination of service-Writ Petition-- Single Judge of High Court though found the absence was without satisfactory explanation, yet reduced the punishment to compulsory retirement with consequential retrial benefits-Dismissal of appeal in limine by Division Bench " of High Court-In appeal, held: Since the delinquent was wilfully absent for 3 years without intimation to Government, in view of the Rule, the punishment of
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